Lawyers for the man accused of killing conservative activist Charlie Kirk are expected to keep questioning the reliability of DNA testing used to link the defendant to the suspected murder weapon when a weeklong hearing resumes Wednesday.

A member of Tyler Robinson’s defense team interrogated a DNA analyst from the FBI on Tuesday about the techniques she used to connect Robinson to a towel wrapped around a rifle found at Utah Valley University, where Kirk was shot in September while speaking to a large crowd.

Defense lawyer Michael Burt cast doubt on the analyst’s conclusions — a theme likely to recur during the five-day preliminary hearing.

“She can’t match Mr. Robinson to the questioned samples,” Burt argued.

Deputy Utah County Attorney Ryan McBride countered that the reliability of the DNA testing could be examined if the case goes to trial. He suggested the preliminary hearing — where prosecutors have a lower burden of proof compared with a trial — was not the time to take up the matter.

“The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “Ultimately, we’re going to have an expert hearing where all the literature is going to be before the court and the court is going to determine if it meets the threshold of reliability for admission to trial.”

Prosecutors intend to seek the death penalty. State District Judge Tony Graf will decide at the conclusion of this week’s hearing if they have enough evidence to bring Robinson to trial on an aggravated murder charge.

Robinson has not yet entered a plea and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.

Prosecutors must show they have enough evidence for a trial

FBI analyst Amanda Bakker said after Robinson’s roommate, Lance Twiggs, provided a DNA sample for comparison, she was able to rerun her tests and attribute all of the DNA to two people.

Investigators found the towel and suspected murder weapon — a bolt-action rifle with one spent round — in a wooded area near where Kirk was shot.

  • Manjushri@piefed.social
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    2 months ago

    Robinson’s lawyers said they were concerned about his right to a fair trial if Twiggs’ statements were played in open court and then broadcast by media outlets. They said prosecutors would attempt to portray Twiggs’ statements about what Robinson allegedly told him as a confession from Robinson, which could bias potential jurors.

    That’s interesting. The roommate/lover talked to the police and implicated him?

    Twiggs was interviewed twice as part of the investigation, State Bureau of Investigation Agent Brian Davis testified Wednesday. He was given immunity for the statements, meaning what Twiggs said cannot be used against him in a potential criminal case, Davis said.

    He got immunity for his statements to police?

    DNA on the towel matched to two people, Jennifer Faumuina with the State Bureau of Investigation testified. One was Twiggs and the other was very likely Robinson, she said.

    Wait. The second person was very likely Robinson but the roommates DNA was definitely matched?

    Prosecutors allege Robinson confessed in a note left for Twiggs that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”

    Is it just me or does this sound like it could be a frame. Let’s say Twiggs was the one who shot Kirk. Or maybe, Twiggs just hears about the shooting and wants to frame Robinson for it for some reason. He grabs a rifle and towel from the apartment that he’s pretty sure will have Robinson’s DNA on it. He then goes home and writes a note confessing the crime and signs his lover’s name to it. He also tells the police that Robinson confessed to him in exchange for immunity, just in case. Finally, when the investigators can’t match Robinson’s DNA to the towel, Twigg offers his own DNA so they can prove the towel came from their apartment.

    I’m not a lawyer, but this sounds like the defense could muddy this up enough to get Robinson off. I’m sure an actual lawyer will step in to point out where I’m wrong.